Users Legally Binding Terms

The term "User" refers to a Visitor, Group, or a User. This ("Terms and Agreement") sets forth the legally binding terms for your use of the Shoutlife Website. By using the Shoutlife Website, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Shoutlife Website) or you are a "User" (which means that you have registered with Shoutlife). Regardless of whether your access or use is intended, you are only authorized to use the Shoutlife Website if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should discontinue use and leave the Shoutlife Website immediately. If you wish to become a User, communicate with other Users and make use of the Shoutlife Website, you must read this Agreement and indicate your acceptance during the Users process.

Policy for Acceptable Use

This Agreement includes Shoutlife's policy for acceptable use, the Content posted, your rights, obligations and restrictions regarding your use of the Shoutlife Website.

Shoutlife's Privacy Policy

We will not sell or rent your personal information to companies or individuals outside of Shoutlife. If you are making a purchase through Shoutlife Service, we may share portions of your credit card number with the seller to identify the transaction, but we will not share your full credit card number with the seller without your consent, except in the limited circumstances described below. As necessary to process your transaction and maintain your account. As with any credit card payment, if you process a credit card transaction through the Shoutlife Service, we need to share some information (for example, your name and credit card number) with the banks and other entities in the financial system that process credit card transactions. To detect, prevent, or otherwise address fraud, security or technical issues. We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable our Terms and Agreement, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Shoutlife, its users or the public as required or permitted by law. If you are using a credit card issued by the merchant you are making a purchase from (a "private label credit card"), that merchant will receive your entire credit card number in association with your purchase. We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical and technical security measures to guard against unauthorized access to systems where we store personal data. For example, your credit card number will always be stored in an encrypted form (except when you provide it to us in a communication outside of our web page interface). In addition to the above, we use the information we collect to: Provide our products and services to you, including the display of customized content and advertising; Perform auditing, research and analysis in order to maintain, protect and improve our services; Ensure the technical functioning of our network; Develop new services; and Develop new Strategic Partners with Shoutlife to support growing demands of our site and users.

Private Policy Changes

Please note that Shoutlife may update this privacy policy from time-to-time and will post a new version on the Shoutlife website. Each version of this Policy will be identified at the top of the page by its effective date, and Shoutlife will also keep prior versions of this Privacy Policy in an archive for your review.

Agreement Modification

Shoutlife may modify this Agreement from time to time and such modification shall be effective upon posting by Shoutlife on the Shoutlife Website. You agree to be bound to any changes to this Agreement when you use the Shoutlife Website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Account Authenticity

Use of and Users in Shoutlife is void where prohibited by law. By creating a Shoutlife profile and using Shoutlife Website, you represent and warrant that all user information you submit is truthful and accurate; you will maintain the accuracy of such information; your use of the Shoutlife profile does not violate any applicable law or regulation; You are the user displayed on the account; all users must disclose if they assign a manager for their profile; all users must fill out proper sign up form required for their specific use. Note: Your Shoutlife profile may be suspended or terminated without warning, if we believe that you misrepresented any or in part your user information.

Approved Content

Please choose carefully the information you post on Shoutlife and that you provide to other Users. We suggest that your Shoutlife profile does not include the following: telephone numbers, street addresses, and last names. Your Shoutlife profiles including products and services and any URL-links to your Shoutlife profiles including their products and services May Not include the following and not limited to: Any blatant and/or disrespectful anti-God material or content, no Jesus Christ or God profiles, any photographs or video's containing nudity or risque clothing, cyber sex, or obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter, the posting of large or obnoxious animated pictures. Any references condoning the use of illegal substances or drug promotion. Any form of harassing, hate, gossip, slanderous, malice speech or behavior in public or private toward any Shoutlife owner, visitor, user, affiliate or volunteer. Patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual. Solicits personal information from anyone under 18. Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files. Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming". Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page). Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses. Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users. Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes. Includes a photograph of another person that you have posted without that person's consent; or for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile. Despite this prohibition, information provided by other Shoutlife Users (for instance, in their Profile) may contain inaccurate, inappropriate, offensive material, products or services, and Shoutlife assumes no responsibility or liability for this material. If you become aware of misuse by any user, visitor or group of the Shoutlife Website and they are in violation of these Terms and Conditions, immediately click Report the Page/Message or E-Mail us and we will handle the issue as quickly as possible. Shoutlife reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Shoutlife Website at any time, for any or no reason, with or without prior notice, and without liability.

Password

When you sign up to become a User, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify Shoutlife immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

E-Mail

Shoutlife reserves the right to contact all members through the E-Mail Address provided on their users account. The E-Mail Address MUST be legit and must directly represent the person in charge of the account. Correspondence with this E-Mail Address may include policy changes, warnings, questions, news bulletins, changes to the website, Public Service Announcements and more.

Non-commercial Use by Users

The Shoutlife Website is for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically approved by Shoutlife. Illegal and/or unauthorized use of the Shoutlife Website, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Shoutlife Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from User profiles without notice and may result in termination of Users privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Shoutlife Website.

Proprietary Rights in Content on Shoutlife

Shoutlife does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Shoutlife Website. After posting your Content to the Shoutlife Website, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose (providing the use does not violate this Agreement). By displaying or publishing ("posting") any Content on or through the Shoutlife Website, you hereby grant to Shoutlife a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Shoutlife Website. Without this license, Shoutlife would be unable to provide the Shoutlife Website. For example, without the right to modify User Content, Shoutlife would not be able to digitally compress music files that Users submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform User Content, Shoutlife could not allow Users to listen to music posted by Users. The license you grant to Shoutlife is non-exclusive (meaning you are free to license your Content to anyone else in addition to Shoutlife), fully-paid and royalty-free (meaning that Shoutlife is not required to pay you for the use on the Shoutlife Website of the Content that you post), sub-licensable (so that Shoutlife is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Shoutlife Website), and worldwide (because the Internet and the Shoutlife Website are global in reach). This license will terminate at the time you remove your Content from the Shoutlife Website. The license does not grant Shoutlife the right to sell your Content, nor does the license grant Shoutlife the right to distribute your Content outside of the Shoutlife Website. You represent and warrant that: (a) you own the Content posted by you on or through the Shoutlife Website or otherwise have the right to grant the license set forth in this section, and (b) the posting of your Content on or through the Shoutlife Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Shoutlife Website. The Shoutlife Website contains Content of Shoutlife ("Shoutlife Content"). Shoutlife Content is protected by copyright, trademark, patent, trade secret and other laws, and Shoutlife owns and retains all rights in the Shoutlife Content and the Shoutlife Website. Shoutlife hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the Shoutlife Content (excluding any software code) solely for your personal use in connection with viewing the Shoutlife Website and using the Shoutlife Website. The Shoutlife Website contains Content of Users and other Shoutlife licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Shoutlife Website.

Illegal Prohibited Activity

The following is a partial list of the kind of activity that is illegal or prohibited on the Shoutlife Website and through your use of the Shoutlife Website. Shoutlife reserves the right to investigate and take appropriate legal action against anyone who, in Shoutlife's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: Criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; Advertising to, or solicitation of, any User to buy or sell any products or services through the Shoutlife Website. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the Shoutlife Website in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, Shoutlife reserves the right to restrict the number of emails which a User may send to other Users in any 24-hour period to a number which Shoutlife deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Shoutlife Website, you acknowledge that you will have caused substantial harm to Shoutlife, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Shoutlife $55 for each such unsolicited email or other unsolicited communication you send through the Shoutlife Website; Covering or obscuring the banner advertisements on your personal profile page, or any Shoutlife page via HTML/CSS or any other means; Any automated use of the system, such as using scripts to add friends or send comments or messages; Interfering with, disrupting, or creating an undue burden on the Shoutlife Website or the networks or services connected to the Shoutlife Website; Attempting to impersonate another User or person; For band profiles, copying the code for your Shoutlife Player and embedding it into other profiles or asking other Users to embed it into their profiles; Using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account; Selling or otherwise transferring your profile; Using any information obtained from the Shoutlife Website in order to harass, abuse, or harm another person; or Using the Shoutlife Website in a manner inconsistent with any and all applicable laws and regulations.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Shoutlife to terminate Users privileges of any User who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Shoutlife by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Shoutlife Website in a way that constitutes copyright infringement, please provide Shoutlife with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Shoutlife Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Shoutlife's Management for notice of claims of copyright infringement can be reached as follows: E-Mail us

User Disputes

You are solely responsible for your interactions with other Shoutlife Users. Shoutlife reserves the right, but has no obligation, to monitor disputes between you and other Users.

Privacy

Use of the Shoutlife Website is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers

Shoutlife is not responsible for any incorrect or inaccurate Content posted on the Shoutlife Website or in connection with the Shoutlife Website, whether caused by Users of the Shoutlife Website or by any of the equipment or programming associated with or utilized in the Shoutlife Website. Profiles created and posted by Users on the Shoutlife Website may contain links to other websites. Shoutlife is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are only investigated, monitored or checked for accuracy or completeness by Shoutlife and Shoutlife Users. Shoutlife relies on its Users to report to Shoutlife any and all inappropriate material by clicking Report this Page/Message or E-Mailing us and we will handle the issue as quickly as possible. Inclusion of any linked website on the Shoutlife Website does not imply approval or endorsement of the linked website by Shoutlife. When you access these third-party sites, you do so at your own risk. Shoutlife takes no responsibility for third party advertisements which are posted on this Shoutlife Website or through the Shoutlife Website, nor does it take any responsibility for the goods or services provided by its advertisers. Shoutlife is not responsible for the conduct, whether online or offline, of any User of the Shoutlife Website other then stated in this Agreement. Shoutlife assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or User communication. Shoutlife is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Shoutlife Website or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Shoutlife Website. Under no circumstances shall Shoutlife be responsible for any loss or damage, including personal injury or death, resulting from use of the Shoutlife Website, attendance at a Shoutlife event, from any Content posted on or through the Shoutlife Website, or from the conduct of any Users of the Shoutlife Website, whether online or offline. The Shoutlife Website are provided "AS-IS" and as available and Shoutlife expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Shoutlife cannot guarantee and does not promise any specific results from use of the Shoutlife Website.

Limitation on Liability

IN NO EVENT SHALL SHOUTLIFE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SHOUTLIFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SHOUTLIFE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SHOUTLIFE FOR THE SHOUTLIFE WEBSITE DURING THE TERM OF USERS.

U.S. Export Controls

Software available in connection with the Shoutlife Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Shoutlife Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Disputes

If there is any dispute about or involving the Shoutlife Website, you agree that the dispute shall be governed by the laws of the State of Minnesota, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Minnesota. Either Shoutlife or you may demand that any dispute between Shoutlife and you about or involving the Shoutlife Website must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Minnesota, USA, provided that the foregoing shall not prevent Shoutlife from seeking injunctive relief in a court of competent jurisdiction.

Other

This Agreement is accepted upon your use of the Shoutlife Website and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and Shoutlife regarding the use of the Shoutlife Website. The failure of Shoutlife to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Shoutlife is a trademark of Shoutlife, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Unless otherwise agreed in writing with Shoutlife, your agreement with Shoutlife will always include, at a minimum, the terms and conditions set forth in this document. Please contact us at: E-Mail us with any questions regarding this Agreement. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.